| Romanovska L.А., Candidate of Law, Director, Chief Research Fellow in the field of jurisprudence at IPE LLC, https://orcid.org/0009-0004-6306-6936 Intellectual property at the crossroads of doctrine and practice: speeches by participants in scientific and practical conferences // Kyiv Institute of Intellectual Property and Law, Kyiv, 23 November 2021. Scientific publication. Kyiv: Lira-K Publishing House. 2021. 238 p. (P. 151-153). |
Generalised theses.
Personal non-property rights to the results of independent professional expertise shall belong to their creator, as provided for in part two of Article 423 of the Civil Code of Ukraine, i.e. professional experts whose creative work has resulted in their creation.
Property rights to the results of an independent professional expertise shall belong, in accordance with Article 424 of the Civil Code of Ukraine, to the customer of the expertise, since they implement the intention to obtain the results of the expertise and pay for its conduct, therefore, they should, at their own discretion, exercise the right to use the results of the examination, the exclusive right to allow the use of the results of the expertise, the exclusive right to prevent the unlawful use of the results of the expertise, and other.
In addition, in contractual relations, professional experts are granted the right to use the conclusions and justifications made in the course of the expertise in further scientific works and other publications, both as personal authorship and in co-authorship, within the limits of their professional contribution, without reference to the name of the customer of the expertise and their legal documents that were examined, while complying with the obligations to guarantee the confidentiality of the results of the expertise and the information obtained for this purpose from the customer of the expertise.
However, the problem of copyright protection for the results of independent professional expertise in the mechanism of enforcement of civil law norms exists and is related is related not only to the fact that the results of independent professional expertise are not included in the list of intellectual property objects, but also to the fact that the mechanism for protecting intellectual property objects does not apply to such creative results. At present, copyright protection for the results of independent professional expertise is ensured through the publication of the results obtained by exercising the right granted to the professional expert «… to use the conclusions and justifications made in the course of the expertise in further scientific works and other publications …». In the future, the issue of copyright protection for the results of independent professional expertise requires thorough research and the development of ways to resolve it.
